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Judges rule on lease dispute involving hospital

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The Indiana Court of Appeals concluded that a hospital did owe rent to the property owner for a broken lease involving a third party, but the damages the trial court ordered the hospital pay need to be reconsidered.

Sisters of St. Francis Health Services Inc. had a lease agreement with EON Properties in Schererville beginning in 2000. Over the years, the hospital’s office space was reduced and portions were leased to two separate tenants. When EON entered into a lease agreement with these new tenants, the hospital’s rent was reduced accordingly. As part of its lease with Ameriquest, EON required through a third amendment with the hospital’s lease that the hospital be responsible for the last two years of Ameriquest’s lease if the company vacated before its five-year lease ended. EON would be responsible for the first 3 years if Ameriquest left early.

Ameriquest ended up vacating after only 29 months, so EON sought the last two years’ lease payments from the hospital. The hospital refused to pay, so EON filed this lawsuit for breach of lease and quantum meruit. The hospital counterclaimed for breach of lease and quantum meruit because EON increased the hospital’s rent payments and allegedly accepted overpayments from Sisters of St. Francis. The trial court granted summary judgment for EON and ordered the hospital pay more than $180,000.

In Sisters of St. Francis Health Services, Inc. v. EON Properties, LLC, No. 45A05-1110-PL-587, the Court of Appeals upheld the finding that the hospital was liable for the last two years of the Ameriquest lease, rejecting Sisters of St. Francis’ claim that Ameriquest had to occupy the premises for 36 months and had to properly exercise its option to vacate before the hospital could be held liable under the amendment to the hospital’s lease. But those terms were in the lease agreement between EON and Ameriquest, and the hospital was not a party to those terms.

The trial court did err by granting summary judgment in favor of EON with respect to the amount of damages the hospital owed as there are genuine issues of material fact regarding whether Sisters of St. Francis should receive credits for a security deposit, its claimed overpayments under the second lease amendment, and the improperly increased rent that EON doesn’t dispute. The trial court is to continue with the underlying litigation on the damages issue.

 

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  1. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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